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{
    "id": 594147,
    "url": "https://info.mzalendo.com/api/v0.1/hansard/entries/594147/?format=api",
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    "content": "(CIDP). Since the public was asked what it is that they wanted established within the county, you would easily find them saying that they need a public university. You cannot blame them because they are ordinary wananchi who do not understand the specific details of the Sixth Schedule on the distribution of functions between the national and county governments. Therefore, just because in a public forum the public said that they want the county government to establish a public university, then you find members of the county executive and county assembly legislating the establishment of a public university within the county. Constitutionally, that is obviously not their mandate. Mr. Temporary Speaker, Sir, you will find in another public participation forum, the public saying that they need an airport in their county and the following day, you will find a budget has been drafted by the county government establishing an international airport using public resources. These are obvious flaws that would be remedied if we had the County Attorney office with a properly trained and qualified person, to guide counties that, this is a national Government function. You can negotiate, petition, discuss and approach the national Government to set up a public university within your county but that does not mean that you have to establish the university yourself because that is not your mandate. If you look at The Public Finance Management Act and The County Government Act, the process of establishing a county budget is very detailed, procedural and specific. However, we have had situations where county governments are passing their county budgets in a very awkward and weird manner of cutting deals outside the provisions of The Public Finance Management Act and The County Government Act. Mr. Temporary Speaker, Sir, tomorrow, a county assembly or a county government forwards to the Controller of Budget a budget that has not gone through the due process as provided for by the law. Some of them have even gone to the extent of publishing their budgets in some commercial printers in River Road and saying that instead of queuing at the Government Printer, they want to find their way into some of those funny printers in Nairobi, in the villages and print their budgets and purport to have had it published. Some of these challenges are by design, but we have some mischievous governors, county assemblies – we might be having some mischievous staff within the finance departments who design some of these means of achieving an end that is not in accordance with the law. Sometimes it is lack of proper legal advice. Once you have a County Attorney, then no county will have an excuse because they will be having an in- house legal person who is competent enough to guide the county in terms of the legal matters within the county. Mr. Temporary Speaker, Sir, the Constitution under the Chapter on land provides that all the land leases that were supposed to last 999 years under the operation of the Constitution were brought down to 99 years. If you go to most of the counties, some of the multinational companies that were holding these leases, most of these leases are coming to an end. Right now, the governors, the county governments, the county assemblies are discussing on ways and means--- Sometimes you go to a forum and you hear an MCA saying: “When the leases come to an end, we will subdivide that land and allocate ourselves and ensure it reverts back to us.” The electronic version of the Senate Hansard Report is for information purposes only. A certified version of this Report can be obtained from the Hansard Editor, Senate."
}